A better more organised version of my lecture slides on Administration of Justice. This one combines two previous slides on administration of justice (parts 1 and 2).

2.  Adjudication of civil and criminal cases,
interpretation of statutes, etc.
EXECUTIVE JUDICIARY LEGISLATURE

3. ORDINARY COURTS OF LAW/
CIVIL COURTS
SYARIAH COURTS

4. FEDERALCOURT
COURT OF APPEAL
HIGH COURT OF MALAYA
HIGH COURT OF
SABAHAND SARAWAK
SESSIONS COURT
MAGISTRATECOURT
PENGHULU’S COURT
SESSIONS COURT
MAGISTRATECOURT

5. SUPERIOR COURTS
 Federal Court
 Court of Appeal
 High Courts
SUBORDINATE COURTS
 Sessions Court
 Magistrates Court

6.  Courts of JudicatureAct 1964
 15. (1)The place in which any Court is held for
the purpose of trying any cause or matter,
civil or criminal, shall be deemed an open and
public court to which the public generally
may have access:

7.  Provided that the Court shall have power to
hear any cause or matter or any part thereof
in camera if the Court is satisfied that it is
expedient in the interests of justice, public
safety, public security or propriety, or for
other sufficient reason so to do.
 E.g. Judge can adjourn proceedings in
chambers e.g. so as not to cause
embarrassment to the victim.

8.  Court for children  closed court
 Child Act 2001
 12.
 (1) a Court for Children shall, if practicable, sit—
 (a) either in a different building or room from that in which sittings of
Courts other thanCourts for Children are held; or
 (b) on different days from those on which sittings of those other
Courts are held.
 (2) if a Court for Children sits in the same building as other Courts,
the Court for Children shall have a different entrance and exit
from those of the other Courts to enable children to be brought to
and from the Court for Children with privacy.

9.  (3) no person shall be present at any sitting of
a Court for Children except—
 (a) members and officers of the Court;
 (b) the children who are parties to the case
before the Court, their parents, guardians,
advocates and witnesses, and other persons
directly concerned in that case; and
 (c) such other responsible persons as may be
determined by the Court.

12.  Chief Justice of the Federal Court
 President of the Court of Appeal
 Chief Judge of the High Court of Malaya
 Chief Judge of the High Court of Sabah and
Sarawak

13.  FC Articles 121 – 131A
 Hold office up to age of 65
 Cannot be removed save on grounds of
misconduct or inability arising from infirmity of
body or mind
 Salary paid from a special fund
 Conduct of judges may only be discussed in
Parliament under certain circumstances (A 127
FC).
 Art 122B: Appointment is byYDPA.

14. Article 123 FC:
(a) he is a citizen; and
(b) for the ten years preceding his appointment
he has been an advocate of those courts or any
of them or a member of the judicial and legal
service of the Federation or of the legal service
of a State.

15.  To assist judges in easing the backlog of cases
 Tenure is for 3 years – A 122AB
 Possesses the same power and immunities as
a High Court judge.

16.  Appointed by theYang di-PertuanAgong on
the recommendation of the respectiveChief
Judges (section 59 of the Subordinate Courts
Act 1948)..
 They are members of the Judicial and Legal
Service i.e. public servant – A 132 FC

18.  Court of JudicatureAct 1964 -- CJA
 Subordinate Courts Act 1948 -- SCA
 Rules of the Court 2012

19. Refer to the Subordinate Courts Act 1948 (SCA)

21.  S90. SCA
 Subject to the limitations contained in this
Act, a First Class Magistrate shall have
jurisdiction to try all actions and suits of a civil
nature where the amount in dispute or value
of the subject matter does not exceed one
hundred thousand ringgit.

22.  S 85 SCA
 “…a First Class Magistrate shall have
jurisdiction to try all offences for which the
maximum term of imprisonment provided by
law does not exceed ten years imprisonment
or which are punishable with fine only and
offences under sections 392 and 457 of the
Penal Code.”

23.  (Note:
 S 392 Penal Code  robbery
 S 457 Penal Code  house-breaking and
lurking house-trespass)

24.  S 87 SCA
 “A First Class Magistrate may pass any
sentence allowed by law not exceeding—
 (a) five years’ imprisonment;
 (b) a fine of ten thousand ringgit;
 (c) whipping up to twelve strokes; or
 (d) any sentence combining any of the sentences
aforesaid”

26.  S 92 SCA. A Second Class Magistrate shall
only have jurisdiction to try original actions or
suits of a civil nature where the plaintiff seeks
to recover a debt or liquidated demand in
money payable by the defendant, with or
without interest, not exceeding ten thousand
ringgit.

27.  S 88 SCA
 “A Second Class Magistrate shall only have
jurisdiction to try offences for which the
maximum term of imprisonment provided by
law does not exceed twelve months’
imprisonment of either description or which
are punishable with fine only”

28.  S 89 SCA
 “A Second Class Magistrate may pass any
sentence allowed by law—
 (a) not exceeding six months’ imprisonment;
 (b) a fine of not more than one thousand ringgit;
or
 (c) any sentence combining either of the
sentences aforesaid.”

30.  S 65
 A Sessions Court has–
 (a) unlimited jurisdiction to try all actions and
suits of a civil nature in respect of motor
vehicle accidents, landlord and tenant and
distress; and
 (b) jurisdiction to try all other actions and
suits of a civil nature where the subject
matter does not exceed RM1, 000,000.00.

31.  S 69 SCA: Sessions Courts shall have no jurisdiction in actions, suits or
 proceedings of a civil nature—
 (a) relating to immovable property except as provided in
 sections 70 and 71;
 (b) for the specific performance or rescission of contracts;
 (c) for an injunction;
 (d) for the cancellation or rectification of instruments;
 (e) to enforce trusts;
 (f) for accounts;
 (g) for declaratory decrees except in interpleader proceedings
 under section 73;
 (h) for the issue or revocation of grants of representation of
 the estates of deceased persons or the administration or
 distribution thereof;
 (i) wherein the legitimacy of any person is in question;
 *(j) wherein the guardianship or custody of infants is in question;
 and
 (k) except as specifically provided in any written law for the
 time being in force, wherein the validity or dissolution
 of any marriage is in question.

32.  S 63 SCA
 “A Sessions Court shall have jurisdiction to try
all offences other than offences punishable
with death”

33.  S 64 SCA
 “A Sessions Court may pass any sentence
allowed by law other than the sentence of
death.”

36.  Civil jurisdiction—general
S23 CJA: (1) Subject to the limitations contained in
Article 128 of the Constitution the High Court shall have
jurisdiction to try all civil proceedings where—
 (a) the cause of action arose;
 (b) the defendant or one of several defendants resides
or has his place of business;
 (c) the facts on which the proceedings are based exist
or are alleged to have occurred; or
 (d) any land the ownership of which is disputed is
situated,
within the local jurisdiction of the Court…

37.  S 3 CJA:
 “local jurisdiction” means—
 (a) in the case of the High Court in Malaya, the
territory comprised in the States of Malaya, namely,
Johore, Kedah, Kelantan, Malacca, Negeri Sembilan,
Pahang, Penang, Perak, Perlis, Selangor,Terengganu
and the FederalTerritory* of Kuala Lumpur; and
 (b) in the case of the High Court in Sabah and
Sarawak, the territory comprised in the States of
Sabah, Sarawak and the FederalTerritory of Labuan,

38.  Civil jurisdiction—specific
 S 24 CJA .Without prejudice to the generality of section 23 the civil
jurisdiction of the High Court shall include—
 (a) jurisdiction under any written law relating to divorce and matrimonial causes;
 (b) the same jurisdiction and authority in relation to matters of admiralty as is had by
the High Court of Justice in England under the United Kingdom Supreme CourtAct
1981;
 (c) jurisdiction under any written law relating to bankruptcy or to companies;
 (d) jurisdiction to appoint and control guardians of infants and generally over the
person and property of infants;
 (e) jurisdiction to appoint and control guardians and keepers of the person and
estates of idiots, mentally disordered persons and persons of unsound mind; and
 (f) jurisdiction to grant probates of wills and testaments and letters of administration
of the estates of deceased persons leaving property within the territorial jurisdiction of
the Court and to alter or revoke such grants.

39.  S 25 CJA
 (2)Without prejudice to the generality of
subsection (1) the
 High Court shall have the additional powers
set out in the Schedule

41.  Appellate civil jurisdiction
 27.The appellate civil jurisdiction of the High
Court shall consist of the hearing of appeals
from subordinate courts…

42.  Civil appeals from subordinate courts
 28. (1) Subject to any other written law, no appeal
shall lie to the High Court from a decision of a
subordinate court in any civil cause or matter where
the amount in dispute or the value of the subject-
matter is ten thousand ringgit or less except on a
question of law.
 (2) An appeal shall lie from any decision of a
subordinate court in any proceedings relating to
maintenance of wives or children, irrespective of the
amount involved.

43.  Power of High Court to call for records of civil
proceedings in subordinate courts
 32.The High Court may call for and examine
the record of any civil proceedings before any
subordinate court for the purpose of
satisfying itself as to the correctness, legality
or propriety of any decision recorded or
passed, and as to the regularity of any
proceedings of any such subordinate court.

44.  Powers of High Court on revision of civil
proceedings
 33. In the case of any civil proceedings in
subordinate court the record of which has
been called for, or which otherwise comes to
its knowledge, the High Court may give such
orders thereon, either by directing a new trial
or otherwise, as seems necessary to secure
that substantial justice is done.

45.  No revision at instance of party who could
have appealed
 34.Where an appeal lies from any decision in
any civil matter, and no appeal is brought, no
proceeding by way of revision shall be
entertained at the instance of a party who
could have appealed

46.  S 22(1) CJA
 The High Court shall have jurisdiction to try—
 (a) all offences committed—
 (i) within its local jurisdiction;
 (ii) on the high seas on board any ship or on any
aircraft registered in Malaysia;
 (iii) by any citizen or any permanent resident on the
high seas on board any ship or on any aircraft;
 (iv) by any person on the high seas where the offence
is piracy by the law of nations…

47.  Revision of criminal proceedings of
subordinate courts
 S 31.The High Court may exercise powers of
revision in respect of criminal proceedings
and matters in subordinate courts in
accordance with any law for the time being in
force relating to criminal procedure.

48.  Armed robbery at 3:45 cm
 Accused pleaded guilty. Magistrate imposed
imprisonment 30 month and one stroke
rotan.

49.  Abdull Hamid Embong H:
 “Kes ini telah dipanggil oleh saya setelah
membaca siaran berita tentangnya dalam
akhbar tempatan minggu lepas (12 Julai 2006).
Selepas mengkaji latar belakang dan fakta kes
daripada rekod perbicaraan, saya telah
memutuskan untuk membuat semakan
terhadap hukuman yang dijatuhkan oleh
majistret terhadap tertuduh dalam kes ini,
mengikut kuasa mahkamah ini di bawah Kanun
Acara Jenayah ss 323 dan 325.”

50.  Held:
 (1)The facts of this case shows that the armed robbery by the
accused was committed at 3.45am in the complainant's own
house. It was clear that this was a heinous and horrid crime. It was
made worse because the incident happened in the complainant's
own house, i.e. a place where one should assume as the safest
place.This country practises a liberal and friendly policy towards
foreign workers who come to find work here legally. Nevertheless,
there are also foreigners who enter here illegally and involve
themselves with crimes such as in this case.The public should be
protected against such people.The court should be blamed for not
performing its role if it is not aware of the public's desire to be
protected by criminals such as the accused. Justice to the victim in
this robbery ought to be reflected in a heavy sentence on the
accused (see paras 9–10, 12–13).

51.  (2)The 30 month imprisonment on the accused did not
reflect this heinous and horrid crime.The sentence was
too lenient, light, and could be regarded as an insult to
justice. On principle, the sentence was worng and this
court should exercise its powers of revision against it (see
para 15).
 (3)The High Court had imposed a sentence of seven years
imprisonment and five strokes of rotan.This sentence
should start after the accused had gone through detention
under the detention order of the Minister of Internal
Security.6 MLJ 465 at 467
 After completing his sentence the accused should refer to
the Malaysian Immigration Department to manage his
exile out of Malaysia (see para 22).

53.  Appellate jurisdiction only
1. Appellate jurisdiction – criminal appeals
2. Appellate jurisdiction – civil appeals

54.  S 50 CJA
 “…the Court of Appeal shall have jurisdiction
to hear and determine any appeal against any
decision made by the High Court—
 (a) in the exercise of its original jurisdiction; and
 (b) in the exercise of its appellate or revisionary
jurisdiction in respect of any criminal matter
decided by the Sessions Court”

55.  S 60(2) CJA
 “At the hearing of an appeal the Court of
Appeal may, if it thinks that a different
sentence should have been passed, quash the
sentence passed, confirmed or varied by the
High Court and pass such other sentence
warranted in law (whether more or less
severe) in substitution therefor as it thinks
ought to have been passed.”

56.  S 67. (1)The Court of Appeal shall have
jurisdiction to hear and determine appeals
from any judgment or order of any High
Court in any civil cause or matter, whether
made in the exercise of its original or of its
appellate jurisdiction, subject nevertheless to
this or any other written law regulating the
terms and conditions upon which such
appeals shall be brought

58. 1. Appellate jurisdiction – criminal and civil
appeals
2. Original jurisdiction
3. Referral jurisdiction
4. Advisory jurisdiction

59.  S 87(1) CJA
 The FederalCourt shall have jurisdiction to
hear and determine any appeal from any
decision of the Court of Appeal in its
appellate jurisdiction in respect of any
criminal matter…

60.  S 92(2) CJA
 At the hearing of an appeal the FederalCourt
may, if it thinks that a different sentence
should have been passed, quash the sentence
passed, confirmed or varied by the Court of
Appeal and pass such other sentence
warranted in law (whether more or less
severe) in substitution therefor as it thinks
ought to have been passed.

61. S 96. Subject to any rules regulating the proceedings of
the Federal Court in respect of appeals from the Court of
Appeal, an appeal shall lie from the Court of Appeal to
the Federal Court with the leave of the Federal Court—
(a) from any judgment or order of the Court ofAppeal in
respect of any civil cause or matter decided by the High Court
in the exercise of its original jurisdiction involving a question
of general principle decided for the first time or a question of
importance upon which further argument and a decision of
the Federal Court would be to public advantage; or
(b) from any decision as to the effect of any provision of the
Constitution including the validity of any written law relating
to any such provision.

62.  S 97. (1) An application under section 96 for
leave to appeal to the FederalCourt shall be
made to the FederalCourt within one month
from the date on which the decision appealed
against was given, or within such further time
as may be allowed by the Court.

63.  S 81 CJA
 “Save as hereinafter in thisAct provided the
FederalCourt for the purposes of its
jurisdiction under Article 128(1) and (2) of
the Constitution (herein called the “original
jurisdiction”) shall have the same jurisdiction
and may exercise the same powers as are had
and may be exercised by the High Court.”

64.  Article 128(1) FC
 …the Federal Court shall, to the exclusion of any other
court, have jurisdiction to determine in accordance
with any rules of court regulating the exercise of such
jurisdiction—
 (a) any question whether a law made by parliament or by
the Legislature of a State is invalid on the ground that it
makes provision with respect to a matter with respect to
which parliament or, as the case may be, the Legislature
of the State has no power to make laws; and
 (b) disputes on any other question between States or
between the Federation and any State.”

65.  S 82 CJA
 “The FederalCourt in the exercise of its
original jurisdiction under Article 128(1)(b) of
the Constitution in respect of a dispute
between States or between the Federation
and any State shall not pronounce any
judgment other than a declaratory
judgment.”

66.  (2) without prejudice to any appellate
jurisdiction of the Federal Court, where in any
proceedings before another court a question
arises as to the effect of any provision of this
Constitution, the Federal Court shall have
jurisdiction (subject to any rules of court
regulating the exercise of that jurisdiction) to
determine the question and remit the case to
the other court to be disposed of in accordance
with the determination.

67.  Article 130 FC
 “The Yang Di-Pertuan Agong may refer to the
Federal Court for its opinion any question as
to the effect of any provision of this
Constitution which has arisen or appears to
him likely to arise, and the Federal Court shall
pronounce in open court its opinion on any
question so referred to it.”